Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Gates

Supreme Court of Delaware

June 25, 2019

STATE of Delaware, Employer Below, Appellant,
v.
Nicholas GATES, Claimant Below, Appellee.

         Submitted: May 8, 2019

Page 81

          Court Below: Superior Court of the State of Delaware, C.A. No. K18A-04-002

         Upon appeal from the Superior Court. AFFIRMED.

         John J. Klusman, Esquire (Argued), and Kenneth L. Wan, Esquire, Tybout Redfearn & Pell, Wilmington, Delaware, for Appellant, State of Delaware.

         Walt F. Schmittinger, Esquire (Argued), and Candace E. Holmes, Esquire, Schmittinger and Rodriguez, P.A., Dover, Delaware, for Appellee, Nicholas Gates.

         Before VALIHURA, VAUGHN, and SEITZ, Justices.

         OPINION

         VAUGHN, Justice:

          I. INTRODUCTION

          The State of Delaware appeals from an order of the Superior Court that affirmed a determination by the Industrial Accident Board (the Board) that Nicholas Gates was working within the course and scope of his employment when he was injured in a motor vehicle collision. At the time of the collision, Gates was employed by the State as a road-maintenance equipment operator for the Department of Transportation (DelDOT). The collision occurred while he

Page 82

was responding to a "call-back" after his normal work hours. He was called back to attend to a road-side accident. In other words, he had completed his normal shift for the day and left for home, but was called back to perform whatever road maintenance might be necessary as a result of the road-side accident. As was common practice with call-backs, he was to proceed first to the DelDOT yard to get equipment and to then continue on to the road-side accident site. His collision occurred while he was on his way to the DelDOT yard.

         Gates sought workers’ compensation benefits from the State for his injury. At the hearing before the Board, the State argued that State of Delaware Merit Rule 4.16[1] and a document titled "Call-Back Pay Guidelines and Recommended Procedure" (the Call-Back Pay Guidelines)[2] were part of Gates’s employment contract. It further argued that according to these provisions, Gates was not to be paid for a call-back until he arrived at the DelDOT yard. Because Gates’s collision occurred before he arrived at the yard, the State argued, his injury occurred outside the course and scope of his employment and was, therefore, not compensable under Delaware’s Workers’ Compensation Act (the Act).[3] The Board looked to the parties’ prior course of conduct to determine the terms of the employment contract and found that Gates’s injury ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.